Biondo not upbeat on chances to keep board seat

The last election was almost two months ago, but it’s the election before that — the one in November 2008 — that’s still knocking around the court system.

Mike Wiser

The last election was almost two months ago, but it’s the election before that — the one in November 2008 — that’s still knocking around the court system.

Last week, lawyers for Winnebago County Democrats and County Board hopeful Carolyn Gardner and the attorney representing County Board member Ted Biondo argued why their clients should have the board seat once held by Mary Ann Aiello, who died June 26.

And thanks to an audio and video feature available at the Illinois Supreme Court’s Web site, state.il.us/court, even those who weren’t able to make the trip to Springfield can watch a video or listen to an audio recording of the proceedings.

That’s what Biondo, whose County Board seat is the one in question, did. Not that he liked what he saw.

“I basically think I’m in trouble,” Biondo said today.

Biondo said every time he’s been involved in a case with judicial panels — as a member of the Rockford School Board he appeared in front of both state and federal appellate panels as well as the Illinois Supreme Court — he’s correctly predicted the final decision, and this one, he thought, is going to Gardner.

His sentiment was shared by one of the attorneys arguing the case on Gardner’s behalf.

“The questions appeared to be somewhat favorable to us, and I’m looking forward to the decision,” said attorney John Nelson.

Biondo was appointed to fill the unexpired term of Aiello after she lost her battle with cancer last year.

State law says that a special election must be held if an elected office vacancy occurs more than 28 months before that office would be up for election again.

Both the day Aiello died and the day her seat was declared vacant by the board — July 10, 2008 — were more than 28 months before her term would have been up.

But when Biondo was appointed on Aug. 14, there was less than 28 months left in the term.

What the court has to decide is when the vacancy legally occurred.

In the video, the judges seem skeptical that the 28-month countdown begins after a new board member is appointed as opposed to when the former officeholder vacates the office (in this case through death) or when the vacancy is declared.

“It would be a great loss to the County Board if Ted would be off the board this way; Democrat or Republican, it doesn’t matter to me,” said Frank Gambino, the board’s Republican majority leader, who sits next to Biondo at meetings.

“He has such a great financial background that his expertise could not be easily replaced.”

But even if the court rules in favor of Gardner, it’s not yet clear if she would automatically get the seat or if the county would be forced to hold a special election for it.

“I don’t want to say too much, because it’s going to get me in trouble with the court,” Winnebago County Board Chairman Scott Christiansen said. “But if it goes that way, I hope they give us some direction, and I hope that it’s an election.”

Staff writer Mike Wiser can be reached at mwiser@rrstar.com or 815-987-1410.